The following language is hereby added to or amends the adopted codes as follows:
A. Section [A]105.2 of the International Building Code, 2018 edition, Section R105.2 of the International Residential Code, 2018 edition, and Section 105.2 of the International Existing Building Code, 2018 edition, are hereby amended as follows:
105.2 Work exempt from permit [A]105.2 [R105.2] [105.2]
Work exempt from permit. Exemption from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction or the State of Idaho. All exemptions from permits requirements of this code are subject to the following: 1. All exempt items that include electrical, plumbing, mechanical or fuel gas are required to obtain a valid permit and final approval for such and provide a copy of that to the City. 2. No exempt structure shall be used as a cabin, residence, tiny home, office, studio, or other similar item.
With respect to the above, building permits shall not be required for the following:
105.2 Work exempt from permit [AJ105.2 [R105.2] [105.2]
15. [12.] [8.] Freestanding solar collectors not greater than 200 square feet and no higher than 10 feet above grade.
16. [13.] [9.] Commercially available membrane structures erected according to the manufacturers' instructions intended to provide weather protection for automobiles and recreational vehicles.
18. [15.] [11.] Unlit signs less than 12 square feet on poles less than 7’ high or attached to the side of a structure.
B. Section [A]105.3 of the International Building Code, 2018 edition, and Section R105.3 of the International Residential Code, 2018 edition, Section [A]105.3 of the International Existing Building Code are hereby amended as follows:
105.3 [R105.3] Application for permit.
6. Be signed by the applicant/owner. When allowed by office policy, the applicant's authorized agent or contractor may sign the application with permission of the property owner.
10. For structures that have electrical, the electrical permit number. For structures that have plumbing, the plumbing permit number. If not available at the time of application, these numbers shall be provided to the City of Deary as soon as they are acquired.
11. The applicant is responsible for knowing the location of their property lines and providing the locations to the City. The owner/applicant is responsible for providing a survey to the City if they are unsure of the location of their property lines. The City can require a survey if they deem it necessary or any property line is disputed.
C. Section [A]105.5 of the International Building Code, 2018 edition, Section R105.5 of the International Residential Code, 2018 edition, and Section [A]105.5 of the International Existing Building Code are hereby amended as follows:
[A]105.5 [R105.5] [A]105.5 Expiration. Every permit issued shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The Building Official is authorized to grant, in writing, not more than three extensions of time, for periods not more than 180 days each. The party must request an extension and pay the fee as shown in Section 15.04.09.
Renewal. When a permit has expired or is going to expire, a renewal permit must be obtained. No work can be recommenced on an expired project until a renewal permit has been issued. The fees for such renewal permits are specified in Section 15.04.09. At the discretion of the Building Official, and only when deemed appropriate, in lieu of the fees specifically outlined, the applicant may be charged the fees set out for remodels or may, if the project is substantially close to being finished with approximately 90% or more of the project completed, be charged for individual items or inspections needed to complete a permit. A Certificate of Occupancy may be issued without all permitted elements completed provided that these elements are not essential to the completion of construction of the structure (i.e. garage or carport with a home, cover over a deck) and so long as construction of the elements has not begun. If these will be built at a future date, a new permit for these will be required at the time of construction. All subsequent work, which was not previously approved, shall adhere to the most current adopted code. No refund shall be given for partial permit approval.
D. Section [A] 111.3 of the International Building Code, 2018 edition, Section R110.4 of the International Residential Code, 2018 edition, and [A]110.3 of the International Existing Building Code are hereby amended as follows:
[A]111.3 [R110.4] [AJ110.3 Temporary Occupancy. The building official is authorized to issue a Temporary Certificate of Occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely and the corresponding fee for a Temporary Certificate of Occupancy has been paid. To occupy a structure safely, the Building Official shall determine what items must be complete and pass inspection prior to issuance.
The Temporary Certificate of Occupancy, when issued, shall contain a list of all items remaining for final approval and be signed by the applicant. It shall be valid for a period of 180 days. An applicant can request and receive, at the discretion of the Building Official, two (2) one-time 180 extensions of their Temporary Certificate of Occupancy. The fees, as indicated in Section 15.04.09, for a Temporary Certificate of Occupancy and Temporary Certificate of Occupancy extension shall be paid prior to issuance or extension. This Temporary Certificate of Occupancy may be recorded by the Building Official and may be revoked at any time if a safety hazard is deemed to exist that was not readily apparent at the time of the issuance.
If a structure is not completed at the time of the expiration of the Temporary Certificate of Occupancy, a renewal permit shall be required and a Certificate of Non-Compliance shall be recorded against the structure and shall not be removed until a valid Certificate of Occupancy has been issued. Enforcement actions may be taken against the owners of any property when occupying a structure that has no valid Certificate of Occupancy or Temporary Certificate of Occupancy.
E. Section 107.1 of the International Building Code is hereby amended as follows:
[A] 107.1.1 Design. An Engineer or Architect, licensed in the State of Idaho, is required to submit all drawings for structures under this code. Submittals shall include the structural and interior design for the appropriate occupancy.
F. Section 109 of the International Building Code, 2018 edition, Section R108 of the International Residential Code, 2018 edition, and Section 108 of the International Existing Building Code are hereby amended as follows:
[A] 109.3 [R108.3] [[A]108.3] Building permit valuations. Valuations are set in Section 15.04.09. When valuation data for certain projects is not available in Section 15.04.09, the Building Official shall determine a valuation in accordance with the policy established in Section 15.04.09. The corresponding fee shall be paid.
[A] 109.5.1 [R108.4.1] [[A]108.5.1] Plan Review Fees. When submittal documents are required by Section 107 [R106], a plan review fee shall be paid. Said plan review fee shall be as shown in Section 15.04.09. A non-refundable fee deposit, in an amount set forth in Section 15.04.09, for commencement of the plan review shall be paid for projects exceeding $30,000 in valuation.
The plan review fees specified in this Section are separate fees from the permit fees and are in addition to the permit fees. Any balance, after deducting the plan review fee from the deposit, shall be credited to the amount due for the permit fee, or any amount owing after the deduction of the deposit from the full plan review fee shall be added to the amount due for the permit fee. Regardless of circumstance, plan review fees shall not be reduced or waived.
[A] 109.6 [R108.5] Refunds. Prior to plan review and permit issuance, eighty percent [80%] of any fees paid shall be refunded if the application is withdrawn prior to commencement of the project. Plan review fees are not refundable after the plan review has been performed; however, eighty percent [80%] of any permit fees paid shall be refunded if the application is withdrawn prior to commencement of the project. No refunds shall be made after commencement of any work on the project. No refunds shall be made any time after a permit has expired, whether issued or not issued.
G. Section 113 of the International Building Code, 2018 edition, and Section R112 of the International Residential Code, 2018 edition, and Section 112 of the International Existing Building Code, 2018 edition, and Section C109 of the International Energy Conservation Code, 2018 edition, are hereby amended as follows; and that all of the Subsections of Section 111 - Means of Appeal in the International Property Maintenance Code, 2018 edition are hereby deleted and replaced as follows:
[A] 113.1 [R112.1] [112.1] [111.1] [C109.1] General. In order to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of this code, there shall be and is hereby created a Board of Appeals. The Building Official shall be an ex-officio member of said Board but shall have no vote on any matter before the Board. This Board shall have three members, not including the Building Official. The Board of Appeals shall be appointed by the City Council of Deary and shall hold office at its pleasure. A member of the Board of Appeals shall act as Secretary and shall take minutes of the proceedings. The Board of Appeals shall conform to the City of Deary Hearing Procedures Ordinance, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the Building Official.
[A] 113.2 [R112.2] [112.2] [111.2] [C109.2] Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better form of construction is proposed.
Any affected person may file an appeal from any notice or action of the Building Official. A fee, as specified in Section 15.04.09, and written appeal describing the specific issues being appealed, must be submitted to the City of Deary within fifteen (15) days of the date of the notice or action of the Building Official. After receiving the written appeal, the Board of Appeals shall be appointed by the City Council of Deary within thirty (30) days and the Board of Appeals, once appointed, shall first fix a date, time and place for hearing the appeal. The Board of Appeals shall hear the appeal within forty-five (45) days after the appointment by the City Council of Deary. Written notice of the time and place of the hearing shall be given at least fifteen (15) days prior to the date of the hearing to each appellant and to the Building Official. The Board of Appeals must render a decision within thirty (30) days of the hearing of such appeal. Every decision of the Board of Appeals must be based upon findings of fact and every finding must be supported in the record of the proceedings of the Board of Appeals.
The Board of Appeals shall have no authority to waive any requirement of this code.
111.3 [C109.3] Qualifications. The Board of Appeals shall consist of members who are qualified by experience and training to pass on matters pertaining to building construction and property maintenance and are not employees of the jurisdiction.
H. Section 112.4, Failure to Comply, of the International Property Maintenance Code, 2018 edition, shall be amended as follows:
112.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than $300 for each day the work continues.
I. Section R202, Definitions, of the International Residential Code, 2018 edition, shall be amended as follows:
Structure. That which is built or constructed, including roll-off containers, shipping containers or similar items.
J. Table R301.2(1), Climatic and Geographic Design Criteria, of the International Residential Code, 2018 edition, shall be completed as follows:
Ground Snow Load: 86 PSF, Roof Snow Load: 60 PSF
Wind Speed: 90 mph IRC; IBC 115 mph or design using 1609 IBC or Chapter 26-30 ASCE 7
Seismic Design Category: B
Subject to Damage from weathering: Severe
Subject to damage from frost line depth: Frost Depth 30 inches
Subject to damage from termite: Slight to moderate
Winter Design Temp: 10 Degrees F
Ice Shield Underlayment Required: Yes
Flood Hazards: Date of entry into the National Flood Insurance Program: 1-17-1975, Date of current Flood Insurance Rate Map Index: 6-5-1985 Panel #1601330001A
Air Freezing Index: 1500 or less
Mean Annual Temperature: 47.3 Degrees F
K. Section R304 of the International Residential Code, 2018 edition, shall be amended as follows:
R304.5 Minimum area of a dwelling unit. A dwelling unit shall have at least 255 square feet, with a separate bathroom containing a water closet, lavatory and bathtub or shower with a minimum floor area of 35 square feet, an additional 100 square feet for each occupant in excess of two, and must be on a permanent foundation. Dwelling units that do not meet these requirements are considered temporary and are subject to Subsection 15.04.06 of this code.
L. Section 302.1 of the International Building Code, 2018 edition, shall be amended as follows:
11. Office and Studio Accessory to Residential (see section 313): Group OSA
M. Section 312 of the International Building Code 2018 edition, shall be amended as follows:
Section 312.1.2 Utility Occupancy and Pole Structures with Utility Occupancy. Utility occupancy or pole structures with utility occupancy that are not exempt from building permits may contain a bathroom but cannot contain a kitchen or a bar. Any bathroom shall be considered a utility occupancy (not pole) and shall be charged as such. Kitchens and bars shall be considered R-3 and shall be charged as such and shall also be subject to required zoning permits for primary or secondary residential structure.
N. Chapter 3, Occupancy and Use, of the International Building Code, 2018 edition, shall be amended as follows:
SECTION 313
OFFICE AND STUDIO ACCESSORY TO RESIDENTIAL GROUP OSA
313.1 General. Buildings and structures that are accessory to a built residential use not classified in a different occupancy shall be constructed, equipped and maintained to conform to the requirements of this code commensurate with the fire and life hazard incidental to the Utility occupancy (Group U) and must meet the following requirements: a permanent foundation regardless of size, windows/doors that meet egress requirements, insulation and u-factor windows when a heating or cooling source is implemented, and smoke detector (when applicable a carbon monoxide detector). Group OSA structures, when plumbed, shall be permitted as a Group R-3. Group OSA shall include the following:
Home pool cabana
Home office
Home artist studio
Home recording studio
People sheds
Similar structures at the discretion of the Building Official
O. Section R403 of the International Residential Code, 2018 edition, shall be amended as follows:
R403.1.1 Minimum size. The footing width for light frame construction shall be 16" for 1- and 2-story with soil bearing value of 1500 p.s.f., and 23" for 3-story with soil bearing value of 1500 psf. Spread footings shall be a minimum of 8 inches (200 mm) in thickness, or thicker where required by design loads. Footing projections shall be at least 2 inches (51 mm) and shall not exceed the thickness of the footing. The size of footings supporting piers and columns shall be based on the tributary load and allowable soil pressure in accordance with Table R401.4.1.
All footings shall have a minimum of two (2) No. 4 (1/2 inch) or larger reinforcement rods laid continuously in the footing. Lap splices shall be a minimum of 40 bar diameters.
P. Section R404.1.3 of the International Residential Code, 2018 edition, shall be amended as follows:
R404.1.3 Concrete foundation walls. Concrete foundation walls shall be constructed as follows or using the appropriate tables associated with Chapter 4 of this Code: For walls less than 48 inches in height from the top of the footing, horizontal rebar, #4, shall be spaced at intervals of a maximum of 18 inches and vertical rebar, #4, shall be spaced at intervals of a maximum of 48 inches. For walls more than 48 inches in height from the top of the footing, horizontal and vertical rebar, #4, shall be spaced at intervals of a maximum of 18 inches. The horizontal rebar shall be placed not greater than 9 inches from the top of the wall. Openings up to 6 feet in concrete walls shall have a lintel above with two #5 rebar or equivalent on the top and bottom, extending 2 feet past the opening on either side and within 1.5 to 3 inches of the opening. Openings greater than 6 feet shall be engineered. The minimum thickness shall be 8 inches for walls which support 2 or 3 stories above grade, ail basement walls, and all supported and unsupported walls over 6 feet with unbalanced backfill of 4 feet or more. Foundation walls in excess of 10 feet in height or retaining walls in excess of 8 feet of unbalanced backfill shall be engineered. (Ord. 389, 1-13-2021)